Re:Non-Fungible Olive Gardens
by hadlock on Tuesday December 21, 2021 @07:28PM
(#29643944)
By the time the lawyers draft the cease and desist and the 7 day response period ends, the novelty will be over. Also this might fall under parody law if viewed through the right lens.
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Re:Non-Fungible Olive Gardens
by kevin_thibedeau on Tuesday December 21, 2021 @07:33PM
(#29643990)
They're parodying NFTs not Olive Garden. Same scenario as Penny Arcade parodying video games with the unrelated Strawberry Shortcake property.
Re:Non-Fungible Olive Gardens
by quickthrower2 on Tuesday December 21, 2021 @07:57PM
(#29644192)
They are selling NFTs. They are making money, albeit not a lot, on the back of the goodwill of the Olive Garden brand. I think this is distinct from true parody say paying to watch a comedian who makes a joke about Olive Garden, or a free site that makes a joke about them.
If I paint a picture of an Olive Garden restaurant and sell it, is that infringement?
That seems more or less identical to the conceit here.
Re:Non-Fungible Olive Gardens
by quickthrower2 on Tuesday December 21, 2021 @11:36PM
(#29645637)
If you sell it on paintingsofolivegarden.com then maybe. The domain name implies association.
IANAL;IANYL
Didn't someone get away with a fake Starbucks because they were parodying parody law not Starbucks?
Re:Non-Fungible Olive Gardens
by skinnymuch on Tuesday December 21, 2021 @07:50PM
(#29644133)
“ Starbucks did not pursue legal action, although it did note to the press that it was "evaluating" the possibility while reinforcing that the "Starbucks" name is a protected trademark. Upon the episode's broadcast, it was acclaimed by television critics.”
The store only lasted a few days. Who knows what would’ve happened otherwise.
I imagine Olive Garden similarly wouldn't mind this website, but who knows. Maybe they'll take it down because they take it seriously and want in on the profits?